Session 2010 - 12
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Other Bills before Parliament

Health and Social Care Bill


Health and Social Care Bill
Part 1 — The health service in England

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(a)   

requiring the Board or clinical commissioning groups to

arrange for specified treatments or other specified services to be

provided or to be provided in a specified manner or within a

specified period;

(b)   

as to the arrangements that the Board or clinical commissioning

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groups must make for the purpose of making decisions as to—

(i)   

the treatments or other services that are to be provided;

(ii)   

the manner in which or period within which specified

treatments or other specified services are to be provided;

(iii)   

the persons to whom specified treatments or other

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specified services are to be provided;

(c)   

as to the arrangements that the Board or clinical commissioning

groups must make for enabling persons to whom specified

treatments or other specified services are to be provided to

make choices with respect to specified aspects of them.

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(3)   

Regulations by virtue of paragraph (b) of subsection (2) may, in

particular, make provision—

(a)   

requiring the Board or a clinical commissioning group to take

specified steps before making decisions as to the matters

mentioned in that paragraph;

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(b)   

as to reviews of, or appeals from, such decisions.

(4)   

The regulations may—

(a)   

specify matters for which provision must be made in

commissioning contracts entered into by the Board or clinical

commissioning groups;

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(b)   

require the Board to draft terms and conditions making

provision for those matters;

(c)   

require the Board or clinical commissioning groups to

incorporate the terms and conditions drafted by virtue of

paragraph (b) in commissioning contracts entered into by the

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Board or (as the case may be) clinical commissioning groups.

(5)   

The regulations must—

(a)   

require the Board to draft such terms and conditions as the

Board considers are, or might be, appropriate for inclusion in

commissioning contracts entered into by the Board or clinical

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commissioning groups (other than terms and conditions that

the Board is required to draft by virtue of subsection (4)(a));

(b)   

authorise the Board to require clinical commissioning groups to

incorporate terms and conditions prepared by virtue of

paragraph (a) in their commissioning contracts;

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(c)   

authorise the Board to draft model commissioning contracts.

(6)   

The regulations may require the Board to consult prescribed persons

before exercising any of its functions by virtue of subsection (4)(b) or

(5).

(7)   

The regulations may require the Board or clinical commissioning

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groups in the exercise of any of its or their functions—

(a)   

to provide information of a specified description to specified

persons in a specified manner;

 
 

Health and Social Care Bill
Part 1 — The health service in England

15

 

(b)   

to act in a specified manner for the purpose of securing

compliance with EU obligations;

(c)   

to do such other things as the Secretary of State considers

necessary for the purposes of the health service.

(8)   

The regulations may not impose a requirement on only one clinical

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commissioning group.

(9)   

If regulations under this section are made so as to come into force on a

day other than 1 April, the Secretary of State must—

(a)   

publish a statement explaining the reasons for making the

regulations so as to come into force on such a day, and

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(b)   

lay the statement before Parliament.

(10)   

In this section—

(a)   

“commissioning contracts”, in relation to the Board or clinical

commissioning groups, means contracts entered into by the

Board or (as the case may be) clinical commissioning groups in

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the exercise of its or their commissioning functions;

(b)   

“commissioning functions”, in relation to the Board or clinical

commissioning groups, means the functions of the Board or (as

the case may be) clinical commissioning groups in arranging for

the provision of services as part of the health service;

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(c)   

“specified” means specified in the regulations.”

(2)   

In section 272 of that Act (orders, regulations, rules and directions), in

subsection (6) after paragraph (zzb) insert—

“(zzc)   

regulations under section 6E, except where they do not include

provision by virtue of subsection (7)(c) of that section,”.

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21      

Functions of Special Health Authorities

(1)   

Section 7 of the National Health Service Act 2006 (distribution of health service

functions) is amended as follows.

(2)   

For subsection (1) substitute—

“(1)   

The Secretary of State may direct a Special Health Authority to exercise

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any functions of the Secretary of State or any other person which relate

to the health service in England and are specified in the direction.

(1A)   

Subsection (1) does not apply to any function of the Secretary of State

of making an order or regulations.

(1B)   

Before exercising the power in subsection (1) in relation to a function of

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a person other than the Secretary of State, the Secretary of State must

consult that person.

(1C)   

Regulations may provide that a Special Health Authority specified in

the regulations is to have such additional functions in relation to the

health service in England as may be so specified.”

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(3)   

Omit subsections (2) and (3).

(4)   

For the heading to that section, and for the cross-heading preceding it,

substitute “Functions of Special Health Authorities”.

(5)   

In section 272 of that Act (orders, regulations, rules and directions), in

 
 

Health and Social Care Bill
Part 1 — The health service in England

16

 

subsection (6) after paragraph (zzc) insert—

“(zzd)   

regulations under section 7(1C),”.

(6)   

In section 273 of that Act (further provision about orders and directions), in

subsection (4)(b)—

(a)   

before paragraph (i) insert—

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“(zi)   

section 7 about a function of a person other than the

Secretary of State,” and

(b)   

in paragraph (i) after “a function” insert “of the Secretary of State”.

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Exercise of public health functions of the Secretary of State

After section 7 of the National Health Service Act 2006 insert—

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“Exercise of Secretary of State’s public health functions

7A      

Exercise of Secretary of State’s public health functions

(1)   

The Secretary of State may arrange for a body mentioned in subsection

(2) to exercise any of the public health functions of the Secretary of

State.

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(2)   

Those bodies are—

(a)   

the Board;

(b)   

a clinical commissioning group;

(c)   

a local authority (within the meaning of section 2B).

(3)   

The power conferred by subsection (1) includes power to arrange for

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such a body to exercise any functions of the Secretary of State that are

exercisable in connection with those functions (including the powers

conferred by section 12).

(4)   

Where the Secretary of State arranges (under subsection (1)) for the

Board to exercise a function, the Board may arrange for a clinical

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commissioning group to exercise that function.

(5)   

Any rights acquired, or liabilities (including liabilities in tort) incurred,

in respect of the exercise by a body mentioned in subsection (2) of any

function exercisable by it by virtue of this section are enforceable by or

against that body (and no other person).

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(6)   

Powers under this section may be exercised on such terms as may be

agreed, including terms as to payment.”

Further provision about the Board

23      

The NHS Commissioning Board: further provision

(1)   

In Part 2 of the National Health Service Act 2006 (health service bodies), before

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Health and Social Care Bill
Part 1 — The health service in England

17

 

Chapter 1 insert—

“Chapter A1

The National Health Service Commissioning Board

Secretary of State’s mandate to the Board

13A     

Mandate to Board

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(1)   

Before the start of each financial year, the Secretary of State must

publish and lay before Parliament a document to be known as “the

mandate”.

(2)   

The Secretary of State must specify in the mandate—

(a)   

the objectives that the Secretary of State considers the Board

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should seek to achieve in the exercise of its functions during

that financial year and such subsequent financial years as the

Secretary of State considers appropriate, and

(b)   

any requirements that the Secretary of State considers it

necessary to impose on the Board for the purpose of ensuring

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that it achieves those objectives.

(3)   

The Secretary of State must also specify in the mandate the amounts

that the Secretary of State has decided to specify in relation to the

financial year for the purposes of section 223D(2) and (3) (limits on

capital and revenue resource use).

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(4)   

The Secretary of State may specify in the mandate any proposals that

the Secretary of State has as to the amounts that the Secretary of State

will specify in relation to subsequent financial years for the purposes of

section 223D(2) and (3).

(5)   

The Secretary of State may also specify in the mandate the matters by

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reference to which the Secretary of State proposes to assess the Board’s

performance in relation to the first financial year to which the mandate

relates.

(6)   

The Secretary of State may not specify in the mandate an objective or

requirement about the exercise of the Board’s functions in relation to

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only one clinical commissioning group.

(7)   

The Board must—

(a)   

seek to achieve the objectives specified in the mandate, and

(b)   

comply with any requirements so specified.

(8)   

Before specifying any objectives or requirements in the mandate, the

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Secretary of State must consult—

(a)   

the Board,

(b)   

the Healthwatch England committee of the Care Quality

Commission, and

(c)   

such other persons as the Secretary of State considers

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appropriate.

(9)   

Requirements included in the mandate have effect only if regulations

so provide.

 
 

 
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Revised 15 March 2012